LISD General Liability Information:
The Texas Association of School Boards (TASB), Inc. administers claims on behalf of the TASB Risk Management Fund, which provides coverage for Lubbock ISD.
Certain governmental entities (specifically, school districts, appraisal districts, and community colleges) are political subdivisions of the state and are not answerable for the negligence, if any, of their trustees, agents or employees under the doctrine of governmental immunity. The only exception as provided in the Texas Tort Claims Act, TEX. CIV. PRAC. & REM. CODE 101.021,101.051.
Texas courts have upheld the doctrine of governmental immunity. See Braun v. Victoria Independent School District, 114 S.W. 2d 947 (Tex. Civ. App.-San Antonio 1938, writ ref’d n.r.e.): Barr v. Bernhard, 562 S.W. 2d 844 (Tex. 1978): Pierson v. Houston Independent School District, et. al., 698 S.W. 2d 733 (Tex. App. 14 Dist.-Houston 1985, writ ref’d n.r.e.); Hopkins v. Spring Independent School District, et. al., 736 S.W. 2d 617 (Tex. 1987): and Luna v. Harlingen Consolidated Independent School District, 821 S. W. 2d 442 (Tex. App.-Corpus Christi 1991, writ denied).
Individual employees of these government entities are provided the same immunity for their negligent acts as the government entity itself. Under TEX. EDUC. CODE 22.051, no employee of any government entities described in this letter shall be personally liable for any act causing injury or property damage except in circumstances in which a student being disciplined suffers bodily injury due to either negligence or the use of excessive force. The Barr and Hopkins cases provide the Texas Supreme Court’s analysis on the individual liability of District’s employees. However, neither the District nor its employees are liable due to the doctrine of immunity.
Additionally, the District does not have medical payments coverage (MPC) or personal injury protection (PIP) coverage as the Attorney General has ruled it unconstitutional for these governmental entities to carry this type of coverage. The Attorney General Opinion is No. H-602.
Because the law is so well defined with respect to the District and its employee’s immunities, the District will vigorously pursue a counterclaim for the costs and attorney’s fees incurred in defending any lawsuit.
(*Information gathered from the Texas Association of School Boards, Inc)
LUBBOCK ISD VEHICLE LIABILITY COVERAGE INFORMATION:
LISD currently carries a vehicle liability policy with TASB for vehicles the district owns and operates. For drivers’ of LISD to request new cards for proof of insurance and register a new vehicle with the existing policy please call Risk Management at 806-219-0280.
WHEN AN ACCIDENT OCCURS:
IF AN EMPLOYEE HAS AN ACCIDENT IN A LUBBOCK ISD VEHICLE THEY SHOULD CALL RISK MANAGEMENT TO REPORT THE ACCIDENT. THE LIST BELOW OUTLINES THE REQUIRED CLAIM FILING INFORMATION:
LUBBOCK ISD DRIVER NAME:
LUBBOCK ISD DRIVER PHONE NUMBER:
LUBBOCK ISD DRIVER WORK EMAIL:
PASSENGERS, IF APPLICABLE: (ARE THE PASSENGERS LUBBOCK ISD EMPLOYEES?)
LUBBOCK ISD EMPLOYEE DEPARTMENT/SCHOOL:
LUBBOCK ISD VEHICLE MAKE: (EXAMPLE: CHEVY)
LUBBOCK ISD VEHICLE MODEL: (EXAMPLE: SUBURBAN)
LUBBOCK ISD VEHICLE YEAR:
LUBBOCK ISD LICENSE PLATE:
VIN OF LUBBOCK ISD VEHICLE:
DATE OF THE ACCIDENT:
TIME OF THE ACCIDENT:
A BRIEF DESCRIPTION OF ACCIDENT:
IF ANOTHER IS VEHICLE INVOLVED:
IF LAW ENFORCEMENT INVESTIGATED A CASE NUMBER IS REQUIRED:
DESCRIPTION OF VEHICLE DAMAGES:
PICTURES IF APPLICABLE OR OTHER DOCUMENTATION IF APPLICABLE:
IF A LUBBOCK ISD EMPLOYEE IS INJURED IN THE EVENT, CALL THE RISK MANAGMENT DEPARTMENT TO FILE A WORKERS' COMPENSATION FIRST REPORT OF INJURY. (806)219-0280
Student Insurance Information:The Lubbock Independent School District Board Policy states, “The District shall cooperate in a program to offer low-cost accident insurance for students. Students or parents shall pay the premium for the coverage if they choose to participate. The District shall not be responsible for costs of treating injuries and shall not assume liability for any other costs associated with an injury.”LISD students in grades seven through twelve are covered while practicing for, competing in, or traveling as a representative of the school and under the direct supervision of a full-time school employee, in any inter-school activity conducted under the regulations and jurisdiction of the school and the state high school association.Those interested in purchasing optional student insurance may go to the TEXAS KIDS FIRST website at https://www.texaskidsfirst.com. This website provides Claim Forms, Voluntary Brochures, Schedule of Benefits Blanket Plans and information about our Texas Athletic Network and providers in the network.Brochures for the voluntary program may be downloaded from the website referenced above or call the Risk Management office to request a brochure/application. It is important to the district that all parents have the opportunity to either purchase or decline this insurance.